The following Corporate Crime practice note Produced in partnership with Red Lion Chambers provides comprehensive and up to date legal information covering:
It is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of section 4(1) of the Misuse of Drugs Act 1971 (MDA 1971).
The prosecution have to prove, to the criminal standard (see Practice Note: Burden and standard of proof in criminal proceedings) that:
the defendant was in possession of drugs
the drugs are controlled drugs, and
the defendant intended to supply the drugs to another
Possession with intent to supply is triable in either the magistrates’ or Crown Court unless the offence is one where, if convicted, the defendant would face a sentence of at least seven years’ imprisonment under section 110 of the Powers of Criminal Courts (Sentencing) Act 2000 (see below), in which case it is indictable only. However, only in exceptional cases involving the smallest quantity of drugs, will magistrates retain jurisdiction in cases regarding Class A and B drugs.
In brief, possession means that the drugs were in the custody or control of the defendant.
See Practice Note: Possession of controlled drugs.
In order to be guilty of this offence the drug must be subject to control under MDA 1971, Sch 2.
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